DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6270)

CORCON SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JULY 2021

Application for approval of the CORCON SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CORCON SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Concrete Sawing and Drilling Enterprise Agreement 2020-2023 between Corcon Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission. The crux of the dispute was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was fair and reasonable, while Corcon Solutions Pty Ltd supported the application, asserting that the agreement was in the best interests of the employees.

The legal issues that the Commission had to resolve included whether the agreement complied with the provisions of the Fair Work Act, whether it was fair and reasonable, and whether it met the criteria for approval as set out in the Act. A significant aspect of the decision was whether the agreement provided for the fair treatment of employees, including appropriate wages and conditions, and whether it met the procedural requirements for a valid enterprise agreement.

The Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission took into account various factors, including the parties' bargaining positions, the nature of the industry, and the terms and conditions proposed in the agreement. The Commission was satisfied that the agreement provided for fair and reasonable wages and conditions for employees, and that it complied with the statutory requirements for approval. The Commission also found that the agreement met all procedural requirements and was therefore valid. As a result, the Commission approved the Concrete Sawing and Drilling Enterprise Agreement 2020-2023.

The final orders of the Commission were that the Concrete Sawing and Drilling Enterprise Agreement 2020-2023 between Corcon Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) be approved as a registered agreement. The agreement was to be registered from the date of the decision and would remain in force until the earlier of the agreement's expiry or a new agreement being registered.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established